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Madras High CourtWP(MD)/2337/2022allowed

Annaperumaayee v. The District Collector

2022-02-04Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Annaperumaayee ... Petitioner Vs.

1.The District Collector, Collectorate, Madurai - 625 020.

2.The Tahsildar, Usilampatti Taluk, Madurai District.

3.The Firka Surveyor, Usilampatti Taluk, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the third respondent to survey and fix the boundaries pertaining the land Survey No.97/20A2 and common path thereto, of the Seemanuthu Revenue Village of Usilampatti Taluk within the time limit as fixed by this Court based on the petitioner's application, dated 22.11.2021.

For Petitioner : Mr.K.K.Samy For Respondents : Mr.S.Kameswaran, Government Pleader.

ORDER

Heard Mr.K.K.Samy, learned counsel for the petitioner and Mr.S.Kameswaran, learned Government Advocate who takes notice on behalf of the respondents.

2. This Writ Petition has been filed in the nature of Mandamus seeking a direction to the third respondent/the Firka Surveyor, Usilampatti Taluk, Madurai District to survey and refix the boundaries with respect to land in S.No.97/20A2 and the common path which is also there in Seemanuthu Revenue Village, Usilampatti Taluk. The petitioner had given a representation on 22.11.2021. 1/3

3. Mr.S.Kameswaran, learned Government Advocate stated that on instructions, the third respondent had taken a decision to survey the lands on 11.02.2022.

4.

A direction is therefore given to the third respondent/the Firka Surveyor and also to the second respondent/the Tahsildar both in Usilampatti Taluk, Madurai District to continue with their official to act and measure the lands. If they have some reasons that they may not do on 11.02.2022, the entire exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) Nsr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Collectorate, Madurai - 625 020.

2.The Tahsildar, Usilampatti Taluk, Madurai District.

3.The Firka Surveyor, Usilampatti Taluk, Madurai District.

+2 CC to M/s.K.K.SAMY, Advocate ( SR-4273[F] dated 04/02/2022 ) +1 CC to M/s.K.K.SAMY, Advocate ( SR-4625[F] dated 07/02/2022 ) 2/3

+1 CC to M/s.SPL.GP ( SR-4528[F] dated 07/02/2022 ) 04.02.2022 NA(CO) KB(16.02.2022) 3P 8C 3/3